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Thursday, 3 April 2014

JUDICIARY BID TO STOP MEDIA SCRUTINY

Swaziland’s Judicial Service Commission (JSC) has warned people and the
media in the kingdom that they face prosecution if they discuss the case of a
magazine editor and a human rights lawyer jailed
on remand for criticising the Swazi Chief Justice.

The Chief Justice is the chair of the JSC, according to the Swaziland Constitution.
The other members are directly appointed by King Mswati III, who is sub-Saharan
Africa’s last absolute monarch.

In an unprecedented move the JSC issued the threat in a media statement.
It was delivered after newspapers in Swaziland raised objections to the case of
Bheki Makhubu, the editor of the nation magazine and Thulani Maseko, a human
rights lawyer. Both men have been in jail since 17 March 2014 facing contempt
of court charges for articles
they wrote in the magazine criticising Chief Justice Michael Ramodibediand the judiciary.

The JSC warned organisations and members of the public that it was wrong
for anyone to comment on the pending contempt of court proceedings at this
stage.

The publication by the Observer
has added significance because it is in effect owned by King Mswati, and the
King appoints the judges in his kingdom.

Reporting
the media release, the Times of
Swaziland, the only independent daily newspaper in the kingdom, said, ‘The
JSC has since warned organisations and members of the public that it was
inappropriate for anyone to comment on the pending contempt of court
proceedings at this stage.

‘The commission further stated that contempt of court in this
jurisdiction was one of the most serious offences against the administration of
justice.’

The JSC said Swaziland’s Constitution did not allow people to criticise
the judiciary. This was ‘in order to maintain the authority, dignity and
independence of the courts’.

The Times reported, ‘The JSC
said in this jurisdiction [Swaziland], freedom of expression was subject to
respect for other people’s rights and it was not absolute as the progressive
organisations and other like-minded persons seem to suggest.’